The grounds for divorce and the current residency of those petitioning
for divorce can be the difference between having a case dismissed and a
case granted. Where individuals reside may not seem too much of an
issue, but it in fact determines where a divorce should be filed.
Divorce cases are handled by federal law and each individual county.
Because of this petitioners are required to submit their divorce
petitions to the circuit court of their county of residence. Certain
exceptions apply. If both individuals live in the same Ohio county then
the divorce papers are to be filed in that county. If the individuals
live in different Ohio counties then the petition can be submitted to
either court and not just the county court of the petitioner.
In the instance where the petitioner does not reside in Ohio, he or she
can still file for an Ohio divorce if his or her spouse still resides
in Ohio. He or she will submit the divorce papers to the county of his
or her spouse's residence.
To be eligible for an Ohio divorce, individuals must be Ohio residents
for a minimum of six months prior to filing. These are the same laws
for filing for annulment. Legal separation cases are handled through
the Rules of Civil Procedure.
Ohio Grounds for Divorce
When individuals bring a divorce case to the court, they are required
to state why they want a divorce. This is called the grounds for
divorce and must be legal through Ohio laws.
Each state has different grounds for why a divorce is desired, and one
state may allow a divorce under certain circumstances while another
state does not. The spouses involved in the divorce will either come to
a decision for why a divorce is sought or the petitioner will bring the
case before the court and need to prove why a divorce should be granted.
The Ohio Court of Common Pleas allows divorces as designated into two
different categories. The No Fault category cites no individual
responsible for the wanting of divorce and includes incompatibility and
the living at different residencies for a minimum of one year. In this
case the separation can be initiated by one or both individuals and is
a mutual agreement.
The court will also allow divorces on the grounds of Fault where one
individual is responsible for wanting the divorce. This category
includes the existence of a living marriage without divorce while the
current marriage took place; adultery reasons; the willful separation
from each other for a minimum of one year; habitual usage of narcotics
or alcohol; duty negligence in a high degree; high cruelty; contract
fraud; not fulfilling the duties of marriage while residing in another
state and leaving the other spouse to tend to all the marital duties;
and incarceration in a federal or state prison while the divorce is
All the necessary papers, which can be up to twenty documents, are
filed through the court clerk's office. Here they will be managed under
the court hearing.